Case Studies

Receiver & Bankruptcy Monitor of Five Urgent Care Clinics

J.S. Held Strengthens Family Law Practice with Asset Acquisition of Luttrell Wegis

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The Situation

The operator of five urgent care clinics located in Southern California had defaulted on two bank loans, after failing to attract sufficient walk-in business, and was facing a pending $2 million judgment in a wage-and-hour class action lawsuit brought by former employees.  The bank and its borrower had suffered through a lengthy dispute over resolving the defaults, and the bank was at risk of losing control of the business’s assets to the class action lawsuit’s judgment creditor.

How We Advised

As receiver of the insolvent urgent care clinics, our experts quickly determined the clinics’ bank was at risk of repayment due to poor cash flow and a pending $2 million wage-and-hour class action lawsuit.  We managed the clinics while successfully negotiating a going-concern sale of 3 clinics to their hospital-landlord.

Unexpectedly, the clinic owner filed for bankruptcy 30 minutes before the hearing to approve the sale. 

Our experts were appointed monitor by the bankruptcy court and continued to pursue an exit strategy for the bank. After 15 months and $1 million in fees, the bankruptcy judge granted relief from stay and proposed the original deal we had negotiated – the going-concern sale of 3 of the clinics to their hospital-landlord.

 

Obstacles Encountered & Our Solutions

  • The hospital-landlord of 3 of the clinics had a lien on the clinics’ personal property, but had failed to perfect its interests, putting the bank in first position.
    • Our experts successfully negotiated the sale of the 3 clinics as going concerns to the hospital for the appraised value of fixed assets plus taking over the leases.
    • We assisted with the ownership transition.
  • The company filed bankruptcy 30 minutes prior to the court hearing to approve the sale of three of the clinics to their hospital-landlord for the appraised value of fixed assets, plus assumption of leases.
    • Our experts were approved as monitor by the bankruptcy court.
    • As monitor, we provided essential independent reviews of the debtor’s financial statements required by the bankruptcy court, keeping the bank and its counsel informed of the clinics’ actual performance. 
  • The bank was at risk of losing control of the business’ assets to a class action lawsuit’s judgment creditor.
    • Once appointed as receiver, our experts protected the bank’s best interests by managing cash flow and overseeing business operations while negotiating a sale.
    • We managed the class-action claimants’ expectations, as subordinate to the bank.
    • Our experts worked closely with the borrower’s CEO, managing:
      • Financial Reporting
      • Billing & Collections
      • Staffing
      • HIPAA Compliance
      • Cash Flow
      • Vendor relationships

Key Contact

Jake DiIorio
Managing Director,
Strategic Advisory
+1 213 235 0609
[email protected]

Related Practice Areas

> Fiduciary Services – Receivers, Assignees, Trustees
We deliver unbiased, expert solutions in court-mandated and out-of-court situations that demand a third-party fiduciary, including insolvency, fraud, litigation, and shareholder disputes. Our full-service team of financial and operational experts serve as Federal and State Receiver, Bankruptcy Trustee & Examiner, and Assignee for the Benefit of Creditors (ABC), designing and implementing recovery strategies to maximize the value for all stakeholders. 

 

> Strategic Advisory
From strategy to execution, we help clients overcome complex enterprise challenges and realize long-term, sustainable business value. The solutions we deliver are derived from a combination of technical, scientific, financial, and strategic expertise and unrivaled understanding of both tangible and intangible assets.

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